Appellate Division: Second Judicial Department

M170668

E/sl

RUTH C. BALKIN, J.P.

SANDRA L. SGROI

JEFFREY A. COHEN

HECTOR D. LASALLE, JJ.

2013-07618 In the Matter of Joseph Rimmer, appellant, v Deborah Rimmer, respondent. (Docket No. F-4458-10/13J)

ORDER TO SHOW CAUSE

Appeal by Joseph Rimmer from an order of the Family Court, Nassau County, dated June 11, 2013. Joseph Rimmer died during the pendency of the appeal. The personal representatives of the estate of the deceased appellant, Joseph Rimmer, have not sought leave to be substituted as personal representatives for the deceased appellant, Joseph Rimmer, on the appeal.

Now, on the Court's own motion, it is

ORDERED that the parties or their attorneys are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the personal representatives of the estate of the deceased appellant, Joseph Rimmer, have not sought leave to be substituted as personal representatives for the deceased appellant, Joseph Rimmer, on the appeal (see CPLR 1021), by each filing an affirmation or affidavit on that issue in the office of the Clerk of this Court and serving one copy of the same on each other on or before April 7, 2014; and it is further,

ORDERED that the Clerk of this Court, or her designee, is directed to serve a copy of this order to show cause upon the parties or their attorneys, and upon the personal representatives of the estate of the deceased appellant, by regular mail.

BALKIN, J.P., SGROI, COHEN and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court